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Boy who suffered negligence at birth receives €5.2m award

A child who now suffers from severe Cerebral Palsy as a result of negligence on the part of the Rotunda Hospital in Dublin has secured a €5.25 million settlement at the High Court. Hospital experts representing the Rotunda Hospital during the court case denied that they caused any disregard to the child which led to the subsequent illness.

Lead up to incident

The Plaintiff's Senior Council informed the court that when his mother became pregnant she was only 21 years old and that this was her first pregnancy.

The Senior Council stated that the boy's mother was rushed into hospital on the 20th of March 2003, 36 weeks before her pregnancy. At this point, the boy's mother informed hospital staff that she was suffering from excruciating pain which was getting worse.

The court was told that the boy had to be delivered by caesarean section and as a result, had suffered severe physical as well as mental injuries which led to Cerebral Palsy. It was claimed in court that the boy should have been delivered a lot earlier by caesarean section due to there being clear indications of foetal distress.

The Plaintiff's Senior Council for the boy claimed that the boy's injuries were as a result of the negligence afforded to him by the Rotunda Hospital and stated that the boy would never be able to live an independent life.

Final Judgment

The boy's senior council paid tribute to the care that his parents have provided to him ever since he was diagnosed with Cerebral Palsy and spoke of the assistance that the Jack and Jill foundation had afforded to them. Mr Justice Vivian Lavian approved a request of €10,000 to be paid to the charity on behalf of the boy's family.
When Mr Justice Vivian Lavian was asked to approve the final settlement for the boy, he stated that the he had no issues with approving the settlement and wished both the boy and his family well for the future.

Seeking Health Law Advice

For further information and advice regarding your legal rights and entitlements, please contact Malcomson Law by calling 01 8744422 or complete an Online Enquiry Form. Your enquiry will be forwarded to a solicitor who specialises in Medical Negligence.

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